R91-75 RESOLUTION NO. R91-7c~
A RESOLUTION OF THE CITY cOMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CERTAIN CONTRACT FOR SALE AND
PURCHASE AND THE ADDENDUM THERETO
REGARDING THE PURCHASE OF THE FEE SIMPLE
TITLE TO 1.24 ACRES OF REAL PROPERTY
LOCATED ON THE EAST SIDE OF SEACREST
BOULEVARD JUST SOUTH OF SOUTHEAST 15TH
AVENUE IN THE CITY OF BOYNTON BEACH,
FLORIDA FOR UTILITY AND OTHER MUNICIPAL
PURPOSES FROM MR. GENE MOORE III; A COPY
OF SAID CONTRACT AND ADDENDUM IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEP~AS, the City Commission of the City of Boynton
Beach, Florida, by Resolution R91-18, dated February 5,
1991, authorized the City Manager and staff to negotiate and
bring back for City commission approval a Purchase and sale
~ontract for the above tract;
NOW,~THEREFORE, BE IT RESOLVED BY THE CITY cOMMISSION
~F THE cITYOF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to
execute said Purchase and Sale Contract and the Addendum
thereto, as attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
immediately upon passage.
1991.
pAESEDAND ADOPTED this
~ day of May,
CITY OF BOYNTON BEACH,
FLORIDA
ATTEST:
(.CerpoTat? Seal
~~'"'~- ' - ~ub 3~-4~'~, the ~out~
Palm Beach ~ · .
.... i~n ~e~ ~f_the Florida East Coa*t Raitro*d' rib/of-way, eonsietin~ of 1.24 acres,
~.~..m.a~a~ Ea*t ~ld~ of Seaeresi Boulevard, ~'u~i-South'of S.E. 15 Avenue,
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~IS 1S I~ENDEO ~ BE A LHOALLY BINDiNO CON~A~,
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STANDARDS FOR REAL ESTATE TRANSACTIONS
(~ADD~.NDUM~) TO CoNTP~CT FOR
(t~¢oNTR~CT~) ~y AND BETWEEN GENE MOOR~, III~
a single man (~SELLER"), ~ THE CITY OF
W~EREAS, seller owns that certain Palm Beaoh county real
property more particularly described in the Contract
(,,Property"); and
WHEREAS, Buyer desires to purchase from seller and Seller
desires to sell to Buyer the Property; and
WHEREAS, Buyer and Seller have entered into the Contract and
desire to modify the Contract as set forth here~n:
NOW, THEREFORE, in consideration of the premises and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto hereby agree as
follows:
1. ~. The foregoing recitations are true and
correct and are incorporated herein by reference.
2. ~QD~. In the event of any conflict between any
term, condition, and/or provision of this Addend~ and any ter~,
condition, and/or provision of Contract, the term, condition,
and/or provision of this Addendum shall control.
3. Titl~D~- Paragraph V of the Contract is hereby
modified by adding the following sentence to the end thereof:
"Title evidence and the premium for the
owner's title insurance policy resulting
therefrom shall be at Seller's sole expense."
4. ~_~. The parties hereto each represent to the
other that there was no realtor, agent, sales person, broker, or
any oth~r n party instrumental in the negotiation and/or
oonsu~mat~o of this transaction. Seller hereby indemnifies and
holds Buyer harmless from and against any and all costS, fees,
damages~ neXpenesS, claims, and liabilities including, without
limitatlo , reasonable attorneys' and paralegals' fees and court
costs through all trial and appellate levels and po~t-Judgmsnt
proceedings arising out of any claim or demand or threats of
claim by any broker, realtor, agent, sales person, or other party
claiming through or under Seller, whether incurred by settlement
and regardless of whether litigation shall result.
5. ~_~rdousW~. Seller hereby represents and warrants
that are no, and Seller will not permit nor suffer there to be.
any hazardous substances, as that term is defined in Section
101(14) of the Comprehensive Environmental Response compensation
and Liability Act (,CERCLA")(42 USC §9601 [14]), asbestos, radon,
polychlorinated biphenyl~, petroleum products, waste, oil, or
other hazardous or toxic materials, wastes or'. other substances
(collectively, ,,ToXic substances") spilled, deposited, disposed,
released, or transported in, on, or under any .pa~t of the
Property, nor are there any substances or,conditions ~n, on, or
under the Property that may support a claim or cause of action
under common law or under any federal, state, or local statute,
regulation, ordinance, rule, order, Or other regulatory
requirement. Seller shall keep and maintain the Property in
compliance with all, and shall not cause or permit the Property
to be in violation of any, federal, state, and/or local laws,
ordinances, rules, orders, and regulations relativeco't° Toxic
Substances, and seller shall not u~e, generate, manufacture,
store, or dispose of, on, under, or about the Property, or
....... any Toxic Substance, nor s~a½}
~eport to or from tge ~%~,r~, t~; foregoing. Seller ~nal~
~%1 r permit or suffer . ~ ..... ~ ~-~, nd all proceedingS,
~e~ia~el¥ advise Buyer ~n. wr~s~..u.t~'~=~;,overnmental and/or
~."~ ,n~'threats of claim) an~ an~ ~*'~.~ev with respect
regulatory ac~u_~,= ~ j. id_,~_ces. Seller hereby ln~emnx~xu~ ~?~
to 'any end all TOXIC ~uu~u=~.
agrees to hold Buyer harmless from 'and against any and ali
costS, judgments, obligations, claims,
damages, liabilities, = ~- e~ler which Buyer may incur
nd ex enses causeo or ~* .. - ~- --t~ its
orders, ~_ P ..... ~ ~ C~lter,s faliure Do comp£y ~ ~* ==_
obligations hereunder. ~* ......
closing of the Contract.
6. ~Z The city of Boynton Beach is entering
· ontract aha purchasing the subject real property for
into this C
the express purpose of upgrading the existing utility services of
the City and that the property will be used for the following
purposeS:
a. East Water Treatment Plant Disinfection Modification
Requirements (ozone Facility);
b. The construction of a new elevated storage tank
replacing the existing north and south metal structures:
c. Biofilters or GAC system for East Water Treatment
Plant;
d. stormwater treatment for the plant in East wellfield as
mitigation to to seawater intrusion of the eastern wellfields;
preexisting
e. Mitigation of environmentally sensitve
habitats that have been identified and documented; and
f. Providing a buffer from existing residences located
south of the tract.
7. ~L$~TIQ~' purchaser shall have from February 28,
1991 to April 3, 1991 (the ,,inspection period") to determine that
the improved land is satisfactory for utilization by the City of
Boynton Beach for its intended use. Additionally, that all
federal, state, county and local laws, rules and regulations have
been and are currently being complied with, with respect to the
real property.
During the inspection period, the purchaser shall
determine that utility services, if necessarY, including, water,
wastewater, electric, telephone and other utilities are available
and the proper size and 'capacity and are installed to the
property line. Furthermore, Purchaser shall determine that the
existing zoning classification on the property subject to this
agreement will permit Purcl~aser to utilize the land for its
intended purposes. In the even~ ithat any inspections and any
reviewed documents conducted by ithe Purchaser rela~lve to the
real property during this inspection period prove unsatisfactory
in any fashion, the Purchaser, at its sole discretion, shall be
entitled to terminate this Agreement by providing written notice
to the Seller.
8. ~_ ~_~.. _ON.-~_ WA_RRANTIE~- To~.~induce Purchaser
to enter into this~ Agreement, the Seller.~makes the. following
representations and warrantles~ all of which, in all material
respects and accept as otherwise"pr°vided in this Agreement are
now true and shall be true as of the date of closing=
a. Th~ Seller has good,-indefeasible and markabte title to
all the land free and clear of all liens, except the existing
first mortgage encunubering the land, if. any, encumbrances,
covenants, conditions, restrictions, rights-of-waY, easements and.
other matters affecting title, and acceptable to Purchaser.
~age z-of 3
· b. The Seller shall keep the land at all times (whether
efore or after the date of closing, free and clear of any
mechaniCS or materialmen'S liens for work or materials furnished
=o or contracted for, by or on behalf of Seller prior to closing,
the Seller shall indemnify, and defend and hold purchaser
harmless against all expenses and liabilities in connection
herewith (including, without limitation, court costs, reasonable
attorney's fees).
c. The seller represents to the Purchaser that the land is
not to seller's knowledge, subject to any deed restrictions or
declaration of restrictions running with the land, which would
affect the use of the land by the City for its intended use.
9. ~ONTP~. Upon the execution of this Agreement,
seller shall provide Purchaser with a copy of any and all
existing contracts, licenses and permits affecting the property.
10. ~LT~~' Purchaser'S obligations under the
Contract and the Addendum are contingent on Purchaser determining
that the land is satisfactory for its intended use by the City of
Boynton Beach on or before ~1991 _, 1991.
11. ..: ~ - i ~ '- _t-. seller herebYt represents and
warrants that seller has full power and authorz Y to enter into
and consummate the .subject transaction including, without
limitation, the execution of and performance of Seller's
obligations pursuant to the Contract and this Addendum.
12. ~. Except as specifically modified hereby,
the terms, conditions, and provisions of the contract are hereby
ratified and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the dates below their respective names.
-- WITNESSES: BUYER:
CITY OF BOYNTON BEACH, FLORIDA
// GENE }[CORE, III, a s~-ngie at~n
DATE:. 2/2~/91
2/27191
',.CORPOt. AT
BgADDEI4
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